Category Archives: Nexus

TX14: Argument that arrest violated 4A wasn’t specific enough to preserve lack of PC

Arguing that one’s arrest violated the Fourth Amendment didn’t preserve his lack of probable cause claim on appeal. Doremus v. State, 2017 Tex. App. LEXIS 7702 (Tex. App. – Houston (14th Dist.) Aug. 15, 2017). The affidavits in support of … Continue reading

Posted in Burden of pleading, Burden of proof, Nexus | Comments Off

Army CCA: Def showed IAC from defense counsel’s decision to forgo a motion to suppress; failure to show nexus was unreasoned and entitled to no Strickland deference

Defendant on post-conviction showed that trial defense counsel’s decision to forgo a motion to suppress for failure to show nexus was unreasoned and entitled to no Strickland deference. United States v. Close, 2017 CCA LEXIS 432 (Army Ct. Crim. App. … Continue reading

Posted in Ineffective assistance, Nexus | Comments Off

E.D.Va.: There is no higher nexus requirement involving cell phone data and tracking

There is no higher nexus requirement involving cell phones. A ping order of a cell phone may be used to collect “mere evidence,” rejecting United States v. Powell, 943 F. Supp. 2d 759 (E.D. Mich. 2013). United States v. Christian, … Continue reading

Posted in Cell phones, Cell site location information, GPS / Tracking Data, Nexus | Comments Off

D.Minn.: Delivery of meth to house in past was nexus

Nexus to the premises was shown by the observation of five pounds of methamphetamine being picked up there. United States v. Barron-Celis, 2017 U.S. Dist. LEXIS 73083 (D. Minn. April 4, 2017),* adopted, 2017 U.S. Dist. LEXIS 72250 (D. Minn. … Continue reading

Posted in Nexus, Probable cause | Comments Off

E.D.Mich.: Texas state SW was used to search cell phones, but FBI later searched by downloading contents w/o warrant so latter search suppressed; conspiracy to rob infers nexus

The Texas state court search warrant authorized a search for evidence on a cell phone of any crime, and that’s problematic. The affidavit, however, specifically referred to home invasion robberies, and that gave context. The search warrant was thus particular. … Continue reading

Posted in Nexus, Warrant execution | Comments Off

N.D.Ohio: SW affidavit was so bare bones it never showed nexus or particularity; no GFE

The affidavit for search warrant here failed to show nexus between defendant’s house and drug dealing. There was some suspicion involving others and a stale anonymous tip never corroborated. Nothing implicated defendant except that one co-defendant was driving defendant’s van … Continue reading

Posted in Good faith exception, Nexus, Particularity | Comments Off

D.Minn.: Complete failure of showing nexus fails PC and GFE

The affidavit for the search warrant completely failed to show nexus to defendant’s house and drugs. Complete lack of nexus does not support the good faith exception either. United States v. Rios-Uscanga, 2017 U.S. Dist. LEXIS 68991 (D.Minn. March 13, … Continue reading

Posted in Good faith exception, Nexus | Comments Off

CA1: SW for guns on 4 mo old information wasn’t stale

Defendant was a reputed Boston mobster on the lam in Idaho with a different name. Police were tipped off to his location, interviewed neighbors learning about guns, and then allegedly went to his house and peeked in the window. Even … Continue reading

Posted in Nexus, Staleness | Comments Off

D.Nev.: There is no co-conspirator standing

Defendant was charged as a co-conspirator in a drug conspiracy involving a warehouse. He makes no effort to show his individual standing, and being a co-conspirator isn’t enough. United States v. Galecki, 2016 U.S. Dist. LEXIS 185667 (D. Nev. Sept. … Continue reading

Posted in Nexus, Standing | Comments Off

CA11: No nexus shown for cell phone SW, but def was on probation, so inevitable discovery applies

Cell phone search warrant failed to show nexus between the phone and the alleged crime. In considering remedy, the court decides not to apply the good faith exception and instead goes with inevitable discovery. Defendant was on probation and there … Continue reading

Posted in Cell phones, Inevitable discovery, Nexus | Comments Off